South Carolina § 41-10-80 - Violations and penalties; civil actions by employees; administrative review of civil penalties.
Full text of South Carolina South Carolina Code of Laws § 41-10-80 — Violations and penalties; civil actions by employees; administrative review of civil penalties., with citation guidance and answers to common questions.
§ 41-10-80. Violations and penalties; civil actions by employees; administrative review of civil penalties.
(A) Any employer who violates the provisions of Section 41-10-30 must be given a written warning by the Director of the Department of Labor, Licensing and Regulation or his designee for the first offense and must be assessed a civil penalty of not more than one hundred dollars for each subsequent offense.
(B) Any employer who violates the provisions of Section 41-10-40 must be assessed a civil penalty of not more than one hundred dollars for each violation. Each failure to pay constitutes a separate offense.
(C) In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages must be commenced within three years after the wages become due.
(D) The Director of the Department of Labor, Licensing and Regulation or his designee shall promulgate regulations to establish a procedure for administrative review of any civil penalty assessed by the Director.
HISTORY: 1986 Act No. 380, SECTION 1, eff April 21, 1986; 1990 Act No. 463, SECTION 5, eff May 7, 1990; 1993 Act No. 181, SECTION 977, eff February 1, 1994.
Effect of Amendment
The 1990 amendment, in (C), added the provision requiring commencement of action within three years, and deleted (E), relating to criminal penalty for failing to pay wages within ten days after demand.
The 1993 amendment, substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 41-10-80
What does South Carolina Code of Laws § 41-10-80 cover?
Section 41-10-80 ("Violations and penalties; civil actions by employees; administrative review of civil penalties.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 41-10-80?
A common citation format is "South Carolina Code of Laws § 41-10-80" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 41-10-80 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.